ABSTRACT: This paper discusses the Stoic treatment of fallacies that are based on lexical ambiguities. It provides a detailed analysis of the relevant passages, lays bare textual and interpretative difficulties, explores what the Stoic view on the matter implies for their theory of language, and compares their view with Aristotle’s. In the paper I aim to show that, for the Stoics, fallacies of ambiguity are complexes of propositions and sentences and thus straddle the realms of meaning (which is the domain (...) of logic) and of linguistic expressions (which is the domain of linguistics), but also involve a pragmatic element; that the Stoics believe that the premises of the fallacies, when uttered, have only one meaning and are true, and thus should be conceded; that hence there is no need for a mental process of disambiguation in the listeners; that Aristotle, by contrast, appears to assume that the premises always have all their meanings, and accordingly recommends that the listeners explicitly disambiguate them, which presupposes a process of mental disambiguation. I proffer two readings of the Stoic advice that we ‘be silent’ when confronted with a fallacy of ambiguity in dialectical discourse, and explicate how each leads to an overall consistent interpretation of the textual evidence. Finally, I demonstrate that the method advocated by the Stoics works in all cases of fallacies of lexical ambiguity. (shrink)

Paul (2014, 2015a) argues that one cannot rationally decide whether to have a transformative experience by trying to form judgments, in advance, about (i) what it would feel like to have that experience, and (ii) the subjective value of having such an experience. The problem is if you haven’t had the experience then you cannot know what it is like, and you need to know what it is like to assess its value. However, in earlier work I argued that ‘what (...) it is like’-knowledge comes in degrees, and I briefly suggested that, consequently, some instances of Paul’s argument schema might commit a fallacy of equivocation. The aim of this paper is to further explore and strengthen this objection by, first, offering a new argument—the modelling argument—in support of it, and then by evaluating a range of replies that might be given to this objection on Paul’s behalf. I conclude that each reply either fails or, at best, only partially succeeds in defending some but not all instances of Paul’s argument schema. In closing, I consider how we might revise Paul’s concepts of transformative experiences and choices in response to this conclusion. (shrink)

To hold an environmental ethic is to hold that non-human beings and states of affairs in the natural world have intrinsic value. This seemingly straightforward claim has been the focus of much recent philosophical discussion of environmental issues. Its clarity is, however, illusory. The term ‘intrinsic value’ has a variety of senses and many arguments on environmental ethics suffer from a conflation of these different senses: specimen hunters for the fallacy of equivocation will find rich pickings in the (...) area. This paper is largely the work of the underlabourer. I distinguish different senses of the concept of intrinsic value, and, relatedly, of the claim that non-human beings in the natural world have intrinsic value; I exhibit the logical relations between these claims and examine the distinct motivations for holding them. The paper is not however merely an exercise in conceptual underlabouring. It also defends one substantive thesis: that while it is the case that natural entities have intrinsic value in the strongest sense of the term, i.e., in the sense of value that exists independently of human valuations, such value does not as such entail any obligations on the part of human beings. The defender of nature’s intrinsic value still needs to show that such value contributes to the well-being of human agents. (shrink)

Introduction to the Scientific Proof of the Natural Moral Law This paper proves that Aquinas has a means of demonstrating and deriving both moral goodness and the natural moral law from human nature alone. Aquinas scientifically proves the existence of the natural moral law as the natural rule of human operations from human nature alone. The distinction between moral goodness and transcendental goodness is affirmed. This provides the intellectual tools to refute the G.E. Moore (Principles of Ethics) attack against the (...) natural law as committing a "naturalistic fallacy". This article proves that instead Moore commits the fallacy of equivocation between moral goodness and transcendental goodness in his very assertion of a "naturalistic fallacy" by the proponents of the natural moral law. In the process the new deontological/kantian theory of natural law as articulated by John Finnis, Robert George, and Germain Grisez is false historically and philosophically. Ethical naturalism is affirmed as a result. (shrink)

In this brief essay, I argue that Anselm's ontological argument for the existence of God achieves its effect through the verbal equivalent of a magician's "sleight-of-hand." More technically, the argument commits the informal fallacy of equivocation. I provide a brief analysis of the argument's text to demonstrate this.

Many of the philosophical doctrines purveyed by postmodernists have been roundly refuted, yet people continue to be taken in by the dishonest devices used in proselytizing for postmodernism. I exhibit, name, and analyse five favourite rhetorical manoeuvres: Troll's Truisms, Motte and Bailey Doctrines, Equivocating Fulcra, the Postmodernist Fox Trot, and Rankly Relativising Fields. Anyone familiar with postmodernist writing will recognise their pervasive hold on the dialectic of postmodernism and come to judge that dialectic as it ought to be judged.

Connecting research and production, art research represents a breaking of the barrier between creation and academia. However, there is also a contradiction contained in this kind of research deriving from its methods, since the process of art-based practice must, by its very nature, involve the subjectivity of the artist. I use my own studies as the research object to discuss this issue, and this article presents the problems I encountered during my artistic practice and research of ambiguous roles. This paper (...) has two main points of focus. First, I explore how the fallacy of self-referentiality is presented in paintings and films, and, second, I draw on my short film practice during my master’s study period to explain how the shots present a continuum in relation to the “absent one” and produce interface effects. However, the second point is not necessarily the result of the first one. This kind of connection and contradiction between practice and cognition in the process of art research is that I will analyse and discuss here. (shrink)

Imagine my surprise at discovering - tucked inside the cover of a first edition Alice in Wonderland – an unknown dialogue written by Lewis Carroll himself! It was scribbled on the back of a napkin, punctuated by Carroll’s tell-tale signature, and seems to have been written hastily. Carroll is known among laypersons as an absurdist, but he’s esteemed among formal thinkers as impressively logical. You can probably then imagine my further surprise at discovering various fallacies and confusions in the dialogue! (...) I counted equivocations over use/mention, identity/predication, measurements, and lexical/material parthood, but I’m sure there are more hiding. -/- If you share my interest in untangling these errors, I’ve copied Carroll’s dialogue below. I’ve found the task best pursued with help, whether students, interns, sisters, tarot readers, etc. As you’ll see, I’ve divided the dialogue into five sections, of varying difficulties. I recommend dividing helpers accordingly, assigning one section per group, then directing each to identify both good and bad reasoning in the section. After some time, groups should pass their discoveries to other groups for scrutiny. For example, if group 1 examined section 1, they’d pass their discoveries to group 2 who then checks group 1’s work against section 1. Proceed until each group has examined each section and – hopefully – you’ll find all the errors. Happy hunting! (shrink)

The “Problem of the Rock” (PoR) is a famous objection to Higher-Order (HO) theories of consciousness. According to PoR, the HO theorists’ claim that a mental state is conscious iff there is a higher-order mental state about it implies that a rock is also conscious iff there is a higher-order mental state about it. In this paper I show that this argument confuses two grammatically distinct attributions of consciousness, and that if the consequent equivocation fallacy is avoided, PoR (...) is either a straw man argument or has an unproblematic conclusion. (shrink)

Robert Kimball, in “What’s Wrong with Argumentum Ad Baculum?” (Argumentation, 2006) argues that dialogue-based models of rational argumentation do not satisfactorily account for what is objectionable about more malicious uses of threats encountered in some ad baculum arguments. We review the dialogue-based approach to argumentum ad baculum, and show how it can offer more than Kimball thinks for analyzing such threat arguments and ad baculum fallacies.

Global poverty, hunger, and lack of access to save water raise problems of how to organize human society so that everyone's needs can be met. Philanthropic proposals, such as Peter Singer's and Peter Unger's, are based on a false analogy to duties of rescue and encourage philanthropic responses, thus closing the discourse to discussion of the causes and remedies of poverty. Radical criticism of capitalist social structures are put off the table, and this is a profound error.

Manipulation of quotation, shown to be a common tactic of argumentation in this paper, is associated with fallacies like wrenching from context, hasty generalization, equivocation, accent, the straw man fallacy, and ad hominem arguments. Several examples are presented from everyday speech, legislative debates and trials. Analysis using dialog models explains the critical defects of argumentation illustrated in each of the examples. In the formal dialog system CB, a proponent and respondent take turns in making moves in an orderly (...) goal-directed sequence of argumentation in which the proponent tries to persuade the respondent to become committed to a conclusion by asking questions and offering arguments. Analyzing quotation by using the notion of commitment in dialog, it is shown (a) how an arguer’s previous assertions can be brought to light in the course of a dialog to deal with problems arising from misquotation, (b) how the profile of dialog model allows a critic to analyse the fundamental effects misquotation brings about in a dialog, and (c) how the critic can use such an analysis to correct the problem. (shrink)

A leading theoretical framework for naturalistic explanation of mind holds that we explain the mind by positing progressively "stupider" capacities ("homunculi") until the mind is "discharged" by means of capacities that are not intelligent at all. The so-called homuncular fallacy involves violating this procedure by positing the same capacities at subpersonal levels. I argue that the homuncular fallacy is not a fallacy, and that modern-day homunculi are idle posits. I propose an alternative view of what naturalism requires (...) that reflects how the cognitive sciences are actually integrating mind and matter. (shrink)

The heart of Aristotelian Logic is the square of opposition. This study engaged on further [re]investigation and meta-logical analysis of the validity of the square of opposition. Further, in this paper, it has been modestly established, with greater clarity, the exposition of the strengths, more than the presentation of the defects, loopholes and weaknesses, of the Aristotelian Logic in a descriptive and speculative manner. The unconcealment of the breakdown of the square of opposition marked a rupture and the opening of (...) avenues of alternative reasoning. The critical and analytical exposition of the loopholes of the square of opposition led to a realization that things around us could have been and still be different; and there could have been better alternative reasoning than what we have called, adopted, and worshipped [Greek] logic. Results show that the downfall of the oppositional relationships in the square of opposition provided a proof of the logical illusion of Aristotle or the loophole of Traditional Logic. The laws of opposition, that have been considered the measures of logically deductive inferences, are practically almost totally logical deceptions. By implication, if the laws of subcontrariety, contrariety, and subalternation [and may be contradiction] have collapsed, the square of opposition has also collapsed; hence, Aristotle‟s square of opposition is a fallacy. This means that the square of opposition has errors and in itself an error. (shrink)

In this article I explore two accounts of the Fallacy of Many Questions made famous by the question "Have you stopped beating your wife?" The accounts are from the works of Lennart Aqvist and Noel Belnap, and the two authors differ in their accounts of the fallacy. Then I give my own account based on understanding a facet of erotetic logic, i. e., the logic of questions.

Gillian Russell has recently proposed counterexamples to such elementary argument forms as Conjunction Introduction and Identity. These purported counterexamples involve expressions that are sensitive to linguistic context—for example, a sentence which is true when it appears alone but false when embedded in a larger sentence. If they are genuine counterexamples, it looks as though logical nihilism—the view that there are no valid argument forms—might be true. In this paper, I argue that the purported counterexamples are not genuine, on the grounds (...) that they equivocate. Having defused the threat of logical nihilism, I argue that the kind of linguistic context sensitivity at work in Russell’s purported counterexamples, if taken seriously, far from leading to logical nihilism, reveals new, previously undreamt-of valid forms. By way of proof of concept I present a simple logic, Solo-Only Propositional Logic, designed to capture some of them. Along the way, some interesting subtleties about the fallacy of equivocation are revealed. (shrink)

Robert Kimball, in “What’s Wrong with ArgumentumAd Baculum?” (Argumentation, 2006) argues that dialogue-based models of rational argumentation do not satisfactorily account for what is objectionable about more malicious uses of threats encountered in some ad baculum arguments. We review the dialogue-based approach to argumentum ad baculum, and show how it can offer more than Kimball thinks for analyzing such threat arguments and ad baculum fallacies.

In this article, I use Edmund Gettier’s Ten Coins hypothetical scenario to illustrate some reasoning errors in the use of definite descriptions. The Gettier problem, central as it is to modern epistemology, is first and foremost an argument, which Gettier (Analysis 23(6):121–123, 1963) constructs to prove a contrary conclusion to a widely held view in epistemology. Whereas the epistemological claims in the case have been extensively analysed conceptually, the strategies and tools from other philosophical disciplines such as analytic philosophy of (...) language, logic and argumentation that Gettier deploys in the case have scarcely received any attention. This work abstracts from the epistemological content and examines Gettier’s handling of the definite description involved, and how that affects the cogency of his argument. (shrink)

Objective correlates—behavioral, functional, and neural—provide essential tools for the scientific study of consciousness. But reliance on these correlates should not lead to the ‘fallacy of misplaced objectivity’: the assumption that only objective properties should and can be accounted for objectively through science. Instead, what needs to be explained scientifically is what experience is intrinsically— its subjective properties—not just what we can do with it extrinsically. And it must be explained; otherwise the way experience feels would turn out to be (...) magical rather than physical. We argue that it is possible to account for subjective properties objectively once we move beyond cognitive functions and realize what experience is and how it is structured. Drawing on integrated information theory, we show how an objective science of the subjective can account, in strictly physical terms, for both the essential properties of every experience and the specific properties that make particular experiences feel the way they do. (shrink)

Predictive processing (PP) has been repeatedly presented as a unificatory account of perception, action, and cognition. In this paper, we argue that this is premature: As a unifying theory, PP fails to deliver general, simple, homogeneous, and systematic explanations. By examining its current trajectory of development, we conclude that PP remains only loosely connected both to its computational framework and to its hypothetical biological underpinnings, which makes its fundamentals unclear. Instead of offering explanations that refer to the same set of (...) principles, we observe systematic equivocations in PP‐based models, or outright contradictions with its avowed principles. To make matters worse, PP‐based models are seldom empirically validated, and they are frequently offered as mere just‐so stories. The large number of PP‐based models is thus not evidence of theoretical progress in unifying perception, action, and cognition. On the contrary, we maintain that the gap between theory and its biological and computational bases contributes to the arrested development of PP as a unificatory theory. Thus, we urge the defenders of PP to focus on its critical problems instead of offering mere re‐descriptions of known phenomena, and to validate their models against possible alternative explanations that stem from different theoretical assumptions. Otherwise, PP will ultimately fail as a unified theory of cognition. (shrink)

Many philosophers appeal to the “fallacy of approximation”, or “problem of second best”. However, despite the pervasiveness of such appeals, there has been only a single attempt to provide a systematic account of what the fallacy is. We identify the shortcomings of this account and propose a better one in its place. Our account not only captures all the contexts in which approximation-based reasoning occurs but also systematically explains the several different ways in which it can be in (...) error. (shrink)

The world of physical sciences and mathematics have been dealing with universal phenomena for a long time. Over centuries, many theories and hypotheses have been formed to explain each of the observed and explainable natural events. All though the truth beyond this is still uncertain. With, upcoming experimental and observed results, the theories get changed over time for multiple turns. Also, the complexity of these theories is another significant aspect. All the theories vary from each other in structure, work of (...) action, notion and expression. This suggests about the heterogeneity of universal events. But is it necessary for nature to act according to so many different principles in different occasions? Indeed, this disturbs the notion of simplicity. We try to discuss this perspective in the following article. (shrink)

According to some philosophers, we are “cognitively closed” to the answers to certain problems. McGinn has taken the next step and offered a list of examples: the mind/body problem, the problem of the self and the problem of free will. There are naturalistic, scientific answers to these problems, he argues, but we cannot reach them because of our cognitive limitations. In this paper, we take issue with McGinn's thesis as the most well-developed and systematic one among the so-called “new mysterians”. (...) McGinn aims to establish a strong, representational notion of cognitive closure: a principled inaccessibility of a true theory of certain properties of the world, but he offers arguments that only bear on difficulties with psychologically grasping the correct answers. The latter we label psychological closure. We argue that representational closure does not follow from psychological closure, and that McGinn's case therefore falters. We could very well be able to represent the correct answer to some question, even without being able to grasp that answer psychologically. McGinn's mistake in deriving representational closure from psychological closure rests on a fallacy of equivocation relating to the concept of ‘understanding’. By making this distinction explicit, we hope to improve our thinking about the limits of science in particular and human knowledge in general. (shrink)

This paper is concerned with the answer Wittgenstein gives to a specific version of the sceptical problem of other minds. The sceptic claims that the expressions of feelings and emotions can always be pretended. Wittgenstein contrasts this idea with two arguments. The first argument shows that other-ascriptions of psychological states are justified by experience of the satisfaction of criteria. The second argument shows that if one accepts the conclusion of the first argument, then one is compelled to accept the idea (...) that pretence is justifiably ascribed on the same evidential basis, which justifies any other-ascriptions. The two arguments show that other-ascriptions of psychological states and pretence-ascriptions share the same evidential basis. This allows Wittgenstein to say that the sceptic’s appeal to the possibility of pretence implies a contradiction. (shrink)

Scholarly dissatisfaction with Aristotle’s fallacy of accident has traditionally focused on his examples, whose compatibility with the fallacy’s definition has been doubted time and again. Besides a unified account of the fallacy of accident itself, the paper provides a formalized analysis of its several examples in Aristotle’s Sophistici elenchi. The most problematic instances are dealt with by means of an internal reconstruction of their features as conveyed by Aristotle’s text and an extensive survey of their interpretation in (...) the Byzantine and Latin exegetical tradition. Carefully handled a doxographical approach, as opposed to rapid results oriented practices, proves to be most effective in that it supplies both useful albeit ordinarily overlooked insights and a comprehensive framework of reference for further investigations. (shrink)

For centuries, the major story of enlightenment was that education is and should be the cornerstone of our society. We try to educate people to make them respectable members of society, something which we inherently relate to being "better persons", firmly believing that education makes humans less prone to evil. Today, modern research seems to validate that premise: statistics verify that more education results to less crime. But is this picture accurate and does this mean anything regarding morality per se? (...) This paper tries to examine the facts with a more critical eye and determine whether education is indeed a source of ethics or not. The results of the analysis show that what we understand as education is not only unrelated to ethics but can also be a factor resulting in the degradation of morality in humans. Rousseau's arguments against science and arts are re-enforced with arguments stemming from other great philosophers and from modern experience itself. Using modern statistical analysis regarding the correlation of crime and education and through the examination of the modern regression in ethical issues, it becomes evident that education cannot and should not be a source of ethics. Knowing what is ethical is not as important as living an ethical life. Pharisees were the first to be denied the entrance to the kingdom of God. As Oscar Wilde once said, "Education is an admirable thing, but it is well to remember from time to time that nothing that is worth knowing can be taught". (shrink)

The fallacy fallacy is either the misdiagnosis of fallacy or the supposition that the conclusion of a fallacy must be a falsehood. This paper explores the relevance of these and related errors of reasoning for the appraisal of arguments, especially within virtue theories of argumentation. In particular, the fallacy fallacy exemplifies the Owl of Minerva problem, whereby tools devised to understand a norm make possible new ways of violating the norm. Fallacies are such tools (...) and so are vices. Hence a similar problem arises with argumentative vices. Fortunately, both instances of the problem have a common remedy. (shrink)

Some critics of invasion biology have argued the invasion of ecosystems by nonindigenous species can create more valuable ecosystems. They consider invaded communities as more valuable because they potentially produce more ecosystem services. To establish that the introduction of nonindigenous species creates more valuable ecosystems, they defend that value is provisioned by ecosystem services. These services are derived from ecosystem productivity, the production and cycling of resources. Ecosystem productivity is a result of biodiversity, which is understood as local species richness. (...) Invasive species increase local species richness and, therefore, increase the conservation value of local ecosystems. These views are disseminating to the public via a series of popular science books. Conservationists must respond to these views, and I outline a method of rejecting such arguments against controlling invasive species. Ecological systems are valuable for more than local productivity and biodiversity is not accurately described by a local species count. (shrink)

Buddhist Illogic. The 2nd Century CE Indian philosopher Nagarjuna founded the Madhyamika (Middle Way) school of Mahayana Buddhism, which strongly influenced Chinese, Korean and Japanese (Ch’an or Zen) Buddhism, as well as Tibetan Buddhism. Nagarjuna is regarded by many Buddhist writers to this day as a very important philosopher, who they claim definitively proved the futility of ordinary human cognitive means. His writings include a series of arguments purporting to show the illogic of logic, the absurdity of reason. He considers (...) this the way to verbalize and justify the Buddhist doctrine of “emptiness” (Shunyata). These arguments attack some of the basic tenets and techniques of reasoning, such as the laws of thought (identity, non-contradiction and the excluded middle), conceptualization and predication, our common assumptions of self, entities and essences, as well as our beliefs in motion and causation. The present essay demonstrates the many sophistries involved in Nagarjuna’s arguments. He uses double standards, applying or ignoring the laws of thought and other norms as convenient to his goals; he manipulates his readers, by giving seemingly logical form (like the dilemma) to his discourse, while in fact engaged in non-sequiturs or appealing to doubtful premises; he plays with words, relying on unclear terminology, misleading equivocations and unfair fixations of meaning; and he ‘steals concepts’, using them to deny the very percepts on which they are based. Although a critique of the Madhyamika philosophical interpretation and defense of “emptiness”, Buddhist Illogic is not intended to dissuade readers from Buddhism. On the contrary, its aim to enhance personal awareness of actual cognitive processes, and so improve meditation. It is also an excellent primer on phenomenological epistemology. (shrink)

"A conceptual error has permeated thought since the beginning of most modern cultures and persists until the present era. It has led to many subordinate but important fallacies, and I name it: the fallacy of the absolute. The fallacy has implications for most areas of philosophical thought,such as: existence, class theory, identity, necessity, philosophy of science, language, religion –to name only a few. In the following essay, I shall address some of these in the light of this recognition.".

These are the first two chapters from a monograph (The Time Flow Manifesto, Holster, 2013-14; unpublished), defending the concepts of time directionality and time flow in physics and naturalistic metaphysics, against long-standing attacks from the ‘conventional philosophy of physical time’. This monograph sets out to disprove twelve specific “fallacies of the conventional philosophy”, stated in the first section below. These are the foundational principles of the conventional philosophy, which developed in the mid-C20th from positivist-inspired studies. The first chapter begins by (...) re-presenting the basic analysis of time reversal symmetry in the context of probabilistic or non-deterministic processes, removing the first critical error in the conventional account. The second chapter argues for a law-like explanation of physical time asymmetry and irreversibility, and shows how the ‘reversibility paradoxes’ are explained. (shrink)

A moderately risk averse person may turn down a 50/50 gamble that either results in her winning $200 or losing $100. Such behaviour seems rational if, for instance, the pain of losing $100 is felt more strongly than the joy of winning $200. The aim of this paper is to examine an influential argument that some have interpreted as showing that such moderate risk aversion is irrational. After presenting an axiomatic argument that I take to be the strongest case for (...) the claim that moderate risk aversion is irrational, I show that it essentially depends on an assumption that those who think that risk aversion can be rational should be skeptical of. Hence, I conclude that risk aversion need not be irrational. (shrink)

It is argued that wishful thinking is an informal logical fallacy and is distinguished from self-deception and delusion. Wishful thinking is unique in that a human desire is the starting point, which remains unfulfilled because of insufficient or no evidence or ignorance, despite the agent’s beliefs. It contrasts with self-deception, a more serious mental state in which the agent hides or denies the truth from himself, regardless of whether it is desired. Wishful thinking is a logical fallacy, depending (...) on the agent’s genuine beliefs as an epistemic dilemma or merely a harmless fantasy. pp. 30–42. (shrink)

During multiple testing, researchers often adjust their alpha level to control the familywise error rate for a statistical inference about a joint union alternative hypothesis (e.g., “H1,1 or H1,2”). However, in some cases, they do not make this inference. Instead, they make separate inferences about each of the individual hypotheses that comprise the joint hypothesis (e.g., H1,1 and H1,2). For example, a researcher might use a Bonferroni correction to adjust their alpha level from the conventional level of 0.050 to 0.025 (...) when testing H1,1 and H1,2, find a significant result for H1,1 (p < 0.025) and not for H1,2 (p > .0.025), and so claim support for H1,1 and not for H1,2. However, these separate individual inferences do not require an alpha adjustment. Only a statistical inference about the union alternative hypothesis “H1,1 or H1,2” requires an alpha adjustment because it is based on “at least one” significant result among the two tests, and so it refers to the familywise error rate. Hence, an inconsistent correction occurs when a researcher corrects their alpha level during multiple testing but does not make an inference about a union alternative hypothesis. In the present article, I discuss this inconsistent correction problem, including its reduction in statistical power for tests of individual hypotheses and its potential causes vis-à-vis error rate confusions and the alpha adjustment ritual. I also provide three illustrations of inconsistent corrections from recent psychology studies. I conclude that inconsistent corrections represent a symptom of statisticism, and I call for a more nuanced inference-based approach to multiple testing corrections. (shrink)

Agent-​​based modeling is showing great promise in the social sciences. However, two misconceptions about the relation between social macroproperties and microproperties afflict agent-based models. These lead current models to systematically ignore factors relevant to the properties they intend to model, and to overlook a wide range of model designs. Correcting for these brings painful trade-​​offs, but has the potential to transform the utility of such models.

My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is the (...) theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:“An Equivocal Couple Overwhelmed by Life”A Phenomenological Analysis of PregnancySara HeinämaaTwo conceptions of human generativity prevail in contemporary feminist philosophy. First, several contributors argue that the experience of pregnancy, when analyzed by phenomenological tools, undermines several distinctions that are central to Western philosophy, most importantly the subject-object distinction and the self-other and own-alien distinctions. This line of argument was already outlined by Iris Marion Young in her influential essay (...) “Pregnant Embodiment: Subjectivity and Alienation” (1984). The other dominant argument is related to the first one, and it states that organic birth is the event that establishes the first experiential separation between the self and the other. On this understanding, the mother-fetus relation would not involve any relations between two corporeal selves; all such relations would be postnatal. This notion has been defended, for example, by Christine Schües (1997; 2000) and Johanna Oksala (2003).1On the other hand, classical phenomenology is dominated by the idea that the rigorous first-person methodology that is essential to phenomenology dictates that the sense of birth must be studied primarily by reflection on the structures of our own recollection or memory. Consequently, the primary sense of human birth would be that of an unattainable limit. This is argued on the basis of the existential fact that we all are born but cannot recall our own birth, or else on the basis of the transcendental fact that the structure [End Page 31] of retention ties each living present to an earlier one and implies that the transcendental ego cannot be subject to generation.2 From this perspective, all analyses and reflections of the experiences of labor, gestation, and pregnancy would be secondary since the sense of birth that these experiences involve is the nativity of another human being and not the nativity of the reflecting self.This paper challenges both the feminist and the classical phenomenological approach. I maintain that careful phenomenological analyses of the experience of pregnancy undermine both notions. Such analyses show, on the one hand, that pregnancy does not imply a nondistinction or self-other fusion but on the contrary involves a specific self-other divide. At the same time, they demonstrate that the sense of birth is more complex than the classical recollection-paradigm suggests and that it includes more components than the signification of an unattainable limit. A proper phenomenology of birth must take into account not only the universal fact that we all are born, but also the equally universal fact that each of us is born from another human being, that is, some other human subject.3 This other human being who “gave” us birth or “from whose flesh we were born” provides us with a unique perspective on our own past, beyond the limits of our own recollection. Her perspective is incomparable to any other external perspective; rather than simply giving us an additional third-person viewpoint on our own organic birth, this one person is able to open a second-person perspective on our pre- and postnatal life and the transition between them—all of which is beyond our own recollection.My argument proceeds by the following steps:First, I develop a fresh discourse on the experience of pregnancy, by studying a set of remarks to be found in Julia Kristeva’s postphenomenological discourse on maternity, on the one hand, and in Simone de Beauvoir’s existential-phenomenological discourse on feminine embodiment, on the other hand. I use these remarks as leading clues for a novel phenomenological study of the experience of pregnancy.4 Contra Young’s influential account mentioned above, I argue that gestation, as experienced by women who live it in the first person, includes a separation between two sensory-motor beings in a nesting relation: the pregnant self and the embryonic other. The alternative account that I provide hinges on my analysis of the experience of fetal movements and the role of touch-sensations and kinesthetic sensations in such experiences. Ultimately, I argue that pregnancy does not erode the self-other boundary or the own-alien boundary but reestablishes both divisions.Second, I compare my account of the experience of pregnancy to Merleau... (shrink)

In this paper I argue that Nietzsche’s rejection of egalitarianism depends on equivocation between distinct conceptions of power and equality. When these distinct views are disentangled, Nietzsche’s arguments succeed only against a narrow sense of equality as qualitative similarity (die Gleichheit as die Ähnlichkeit), and not against quantitative forms that promote equality not as similarity but as multiple, proportional resistances (die Gleichheit as die Veilheit and der Widerstand). I begin by distinguishing the two conceptions of power at play in (...) Nietzsche’s arguments, power as quantitative superiority of ability and as qualitative feeling of power (das Gefühl der Macht), an affective state that does not directly correlate with quantitative ability and, because based in resistance (der Widerstand), requires relative equality as its condition. Nietzsche presents four principal arguments against egalitarianism, each concluding that equality harms the flourishing of humanity’s highest individuals. First, equality directly promotes qualitative similarity (die Ähnlichkeit) at the expense of multiplicity (die Vielheit). Second, because material inequalities ground the ‘pathos of distance’ (the recognition of spiritual inequality), equality indirectly undermines the desire for self-development. Third, because it opposes aristocratic conditions, egalitarianism promotes a form of liberalism that removes conditions of constraint necessary to human development. Finally, equality is a less efficient means to human enhancement, which is best promoted through unequal distribution of resources to the most able individuals. I argue that in each case Nietzsche’s argument succeeds only if interpreted according to the quantitative conception of power as superiority, but fails when we also consider the qualitative conception of power as feeling. For the promotion of an individual’s qualitative power is compatible with quantitative power equality. Moreover, because power is felt only in resistance, the feeling of power requires relative equality as its precondition—an alternate sense of equality construed, not as qualitative similarity, but as quantitative resistance from proportional counter-powers. I conclude that Nietzsche’s commitment to the promotion of humanity’s highest individuals does not entail the rejection of moral egalitarianism in every form and even supports certain forms. (shrink)

I argue that biographical information is akin to other non-aesthetic, social, historical, or political information. As such, artist’s biographies are always relevant and important when interpreting art. While the meaning and value of a piece of art is not determined by any single piece of contextual information, neither is its meaning and value ever entirely separated from context. In some cases, however, a piece of art that is technically magnificent may be experienced as repugnant when the artist has committed egregious (...) acts. (shrink)

When we use a word, we face a crucial epistemic gap: we ground our move on the fact that our interlocutor knows the meaning of the word we used, and therefore he can interpret our dialogical intention. However, how is it possible to know the other’s mind? Hamblin explained this dialogical problem advancing the idea of dialectical meaning: on his view, the use of a word is based on a set of presumptions. Building on this approach, the use of a (...) word in a dialogue can be analyzed in terms of presumptive reasoning, while the manipulative strategies based on slanted or loaded terms or redefinitions can be conceived as forms of conflicts of presumptions. A presumptive approach to meaning can also ground different dialectical strategies to solve misunderstanding or definitional disagreements, or tactics to undermine the interlocutor’s arguments by advancing charges of equivocation. (shrink)

The use of evolutionary explanations to explain phenomena at the individual level has been described by various authors as an explanatory error, the so-called Phylogeny Fallacy. In this paper, this fallacy will be analyzed in the context of teleosemantics, a central project of the philosophy of mind whose main aim is to naturalize intentional systems by appealing to their biological teleofunctions. I will argue that those teleosemantics projects that invoke evolutionary functions generally commit the fallacy. First, I (...) will point to various arguments in the literature that point to this fallacy. However, a more general argument will also be made. To illustrate this puzzling scenario, I will present two desiderata that any teleosemantic project must fulfill. I will argue that naturalizing intentionality based on natural selection creates an explanatory gap between types and tokens. This gap prohibits an adequate explanation of the desiderata. To close the gap, teleosemantics invokes replicator biology, a view of inheritance that has already been identified to commit the fallacy. This leads teleosemantics into a complex situation: to close the gap, it must commit the fallacy. (shrink)

This paper considers non-standard analysis and a recently introduced computational methodology based on the notion of ①. The latter approach was developed with the intention to allow one to work with infinities and infinitesimals numerically in a unique computational framework and in all the situations requiring these notions. Non-standard analysis is a classical purely symbolic technique that works with ultrafilters, external and internal sets, standard and non-standard numbers, etc. In its turn, the ①-based methodology does not use any of these (...) notions and proposes a more physical treatment of mathematical objects separating the objects from tools used to study them. It both offers a possibility to create new numerical methods using infinities and infinitesimals in floating-point computations and allows one to study certain mathematical objects dealing with infinity more accurately than it is done traditionally. In these notes, we explain that even though both methodologies deal with infinities and infinitesimals, they are independent and represent two different philosophies of Mathematics that are not in a conflict. It is proved that texts :539–555, 2017; Gutman and Kutateladze in Sib Math J 49:835–841, 2008; Kutateladze in J Appl Ind Math 5:73–75, 2011) asserting that the ①-based methodology is a part of non-standard analysis unfortunately contain several logical fallacies. Their attempt to show that the ①-based methodology can be formalized within non-standard analysis is similar to trying to show that constructivism can be reduced to the traditional Mathematics. (shrink)

The paper builds on a methodological idea from experimental philosophy and on findings from psycholinguistics, to develop and defend ordinary language analysis (OLA) as practiced in J.L. Austin’s Sense and Sensibilia. That attack on sense-datum theories of perception focuses on the argument from illusion. Through a case-study on this paradoxical argument, the present paper argues for a form of OLA which is psychologically informed, seeks to expose epistemic, rather than semantic, defects in paradoxical arguments, and is immune to the main (...) objections to ordinary language philosophising, including those arising from the semantic/pragmatics distinction: A key project in current experimental philosophy is to develop psychological explanations of philosophically relevant intuitions that help us determine what warrant thinkers have for accepting them. Psycholinguistic work on the role of stereotypes in verb-comprehension has shown that intuitive judgments can be generated by automatic cognitive processes that duplicate both semantic and pragmatic inferences and are shaped by dominant uses of words. For systematic reasons, philosophers are prone to unwittingly deviate from such dominant uses. Where this happens, they are liable to automatically infer unwarranted conclusions that strike them as intuitively compelling. OLA helps us to determine those dominant uses, to identify unwitting deviations from them, and thus to expose unwarranted intuitions – e.g., in the premises of paradoxical arguments. Ordinary language does not determine the bounds of sense but shapes our leaps of thought. The paper shows how this enables its ‘Austinian’ analysis to contribute to a novel, epistemic, resolution of philosophical paradoxes and problems. (shrink)

: According to Kant, the arguments of rational psychology are formal fallacies that he calls transcendental paralogisms. It remains heavily debated whether there actually is any formal error in the inferences Kant presents: according to Grier and Allison, they are deductively invalid syllogisms, whereas Bennett, Ameriks, and Van Cleve deny that they are formal fallacies. I advance an interpretation that reconciles these extremes: transcendental paralogisms are sound in general logic but constitute formal fallacies in transcendental logic. By formalising the paralogistic (...) inference, I will pinpoint the error as an illegitimate existential presupposition. Since - unlike transcendental logic - general logic abstracts from all objects, this error can only be detected in transcendental logic. (shrink)

This article interrogates a certain philosophical scene – one which constitutes itself through the position of what Jacques Derrida calls “the ethical instance of violence.” This scene supposes a certain “style” of writing or doing philosophy, and perhaps even a certain philosophical “genre” or “subgenre”: the philosophical discourse on violence. In the course of the essay, I analyze this quasi-juridical scene through readings of Aristotle, Walter Benjamin, Giorgio Agamben, Judith Butler, Slavoj Žižek, Werner Hamacher, Rodolphe Gasché, and Martin Hägglund among (...) others. The scene, built on texts on texts on violence, demands a logic of purity; it is wary of contaminations and equivocations. And yet it thrives on them. In analyzing the implications of text, writing, and trace for the philosophical discourse on violence, I follow Derrida “just to see” what could make the scene tremble. (shrink)

I critically examine the claim that modal collapse arguments against the traditional doctrine of divine simplicity (DDS) are in general fallacious. In a recent paper, Christopher Tomaszewski alleges that modal collapse arguments against DDS are invalid, owing to illicit substitutions of nonrigid singular terms into intensional contexts. I show that this is not, in general, the case. I show, further, that where existing modal collapse arguments are vulnerable to this charge the arguments can be repaired without any apparent dialectical impropriety. (...) I conclude that the genuine debate over modal collapse and divine simplicity and modal collapse is substantially a controversy over the metaphysics of divine action, and that this constitutes a fruitful direction in which to take future discussions of the subject. (shrink)